Taylorsville Car Accident Lawyer

Taylorsville Car Accident Attorney

A car accident in Taylorsville, North Carolina, can turn your world upside down in an instant. Many victims of other drivers’ errors go from being on a drive they take for granted to dealing with injuries, bills, and the mental anguish and stress of the situation. These things leave people feeling depressed, anxious, and unsure about how to set their lives back on track. If you’re in this situation, hiring a Taylorsville car accident lawyer can help boost your peace of mind and chances of success in a claim.

While money can’t solve everything, there is a viable legal path to resolving your concerns and clearing a way to work on managing the non-monetary concerns that come as a result of an accident. The opposition, though, to receiving these damages is often the liable party’s insurance company, but They are not likely to pay out everything they should without being pushed by your legal representation. 

Thankfully, a legal team like that of the Law Office of Lyndon R. Helton, PLLC, can often provide the push that’s needed. Our skilled attorney has direct experience working as a defense lawyer for insurance companies, arming him with first-hand knowledge of insurance companies’ operations and what they look for in regard to combating car accidents and other personal injury cases in Taylorsville. 

Proving Fault in a Car Accident

Because a car accident claim is a kind of personal injury claim, proving fault follows the personal injury legal process. As the plaintiff, the burden of proof will be on your personal injury attorney to prove the components of negligence on the part of the defendant.

Providing that proof will require substantial evidence, which could include photos and videos, eye-witness testimony, car crash expert witness testimony, or anything else that is relevant to the situation. There are generally three elements that need to be proven in order to demonstrate fault in a car accident in Taylorsville, North Carolina.

The Three Elements Necessary to Prove Fault

The first thing your lawyer needs to prove is a duty of care. This is generally a given when considering anything involving motor vehicles. A duty of care means that the defendant had a duty to be careful and consider the risks of their actions or inactions on those around them.

There was an expectation that they make reasonable accommodations in their behavior to ensure the safety of others. Given the danger and potential damage that vehicles can cause, this duty is fairly universally understood.

The next thing that the plaintiff must be able to show is that the defendant had a breach of duty. This means that they didn’t live up to the duty they had and did not act as a reasonably careful person would have in the same circumstances. Most often, in a car accident, this can mean a driver failing to adhere to traffic laws, driving recklessly, or driving distracted.

Finally, the plaintiff’s lawyers must show that the breach on the part of the defendant was the cause of the accident and injuries. This is not always as clear as it may seem. For instance, we could imagine a case where a car has a broken headlight, which could be considered a breach in some circumstances.

However, it’s unlikely that the broken headlight would be seen as contributing to an accident where that driver is rear-ended at noon on a Sunday. Therefore, the plaintiff’s team must tie the breach directly to the accident.

The plaintiff then must show that the accident led to the injuries that the plaintiff suffered. This is not always clear-cut either, and the defendant could argue that they were the result of prior conditions, occurred after the accident, or are simply being overstated. Consequently, the plaintiff must be able to connect the injuries with the accident that resulted from the breach.

What Costs Are Covered in a Car Accident Claim?

The costs that are compensated for in a car accident, known as damages, must tie directly to the injuries that were suffered in the accident. Your lawyer will need to be able to make the case that they are the direct result of the injury. These damages will mostly be awarded in one of two categories:

• Economic Damages – Economic damages cover the financial costs that are associated with the injury. These are things that will generally have a bill or some other financial component involved. Medical bills, the cost to repair or replace a vehicle, and lost wages from missing work due to the injury are all compensated through economic damages.
  Additionally, for injuries that will affect a person well into the future, estimated future expenses are also compensated through these damages. Costs like future medical treatment and rehabilitation or loss of future earning capacity are calculated and paid through economic damages.
• Non-Economic Damages – Some of the costs of a car accident are things that don’t have a real financial component associated with them. There are emotional and psychological impacts from an accident that can be challenging to manage. These things are compensated for through non-economic damages.
  Things like pain and suffering, mental anguish, loss of use of a body part, and loss of enjoyment in life are given an estimated value and compensated. The money isn’t going to fix these issues, but it can ease burdens in other parts of a person’s life. Hopefully, that reduction in stress will create the space for them to better manage these issues.

An important consideration when thinking about damages in a North Carolina car accident case is the pure contributory negligence doctrine that the state operates under. In most states, liability on the part of the plaintiff, if proven, is given a percentage value, and their ability to collect damages is reduced by that percentage.

However, in North Carolina, any liability on the part of the plaintiff means that they cannot collect any damages. Therefore, it is critical that your lawyer be able to defend against a claim of liability on your part. Part of their investigation, in addition to looking for evidence against the defendant, will include looking for evidence that can be used to defend you against claims of liability.

What You Should Do After a Car Crash?

After a car accident, there are some things that can be very important to do, as they can help your case or even potentially harm your case. Some of these things include:

• Get Medically Checked Out – When you are in a car accident, it’s important that you get a full medical examination. This includes letting paramedics at the scene take a look at you and getting a broader examination from a doctor later on. It’s critical that you have full documentation of your injuries, and it’s important to do so relatively soon after the accident. Delays could lead to the defendant’s team challenging the validity of your injuries.
• Document What You Can – In a car accident case, the burden of proof is on the plaintiff. This means that they are required to show negligence and liability on the part of the defendant. The key to making that case is the evidence, and much of that evidence can come from documentation. From the scene of the accident, pictures and videos, if you or someone else can manage to capture them, are helpful in demonstrating fault.
  What doctors say about your injuries can help tie them to the accident. Additionally, bills, both medical and for vehicle repairs, can help prove the costs that you’ve incurred. It’s better to err on the side of keeping more documentation than you think you’ll need, as your lawyer can always help narrow down what will be most valuable.
• Use Caution When Discussing the Accident – The other side in your claim will most likely be looking for anything that they might be able to use as an example of you accepting some fault for the accident. That means it’s important to be very careful what you say about the accident, particularly when speaking to other drivers involved or insurance agents. When possible, it’s better to let your lawyer represent you.
• Contact the Law Office of Lyndon R. Helton, PLLC – The sooner you contact us, the sooner we will be able to begin work on your case. We can investigate the accident, work with the insurance company on a possible settlement, and be ready to take the case to court if necessary.

How Much Does a Lawyer Get from a Car Accident Settlement in North Carolina?

There are many variables that can factor into the amount that a lawyer receives from a car accident settlement. The attorney’s reputation and track record, whether they have specific experience with car accident cases, their overall years of legal experience, their time spent dedicated to the case (particularly whether or not the case goes to trial), and the total amount of the settlement all can have an effect on how much the lawyer ultimately makes.

Most personal injury lawyers charge a contingency fee, meaning they take a portion of the settlement if the case is successful. In general, you can expect most personal injury lawyers to take anywhere from 30%-50% of the total settlement amount, but only if the victim wins the case and receives compensation. Regardless of the percentage, it’s always important to discuss the lawyer’s fees or percentage during your initial consultation.

How Long Will My Motor Vehicle Accident Case Take?

Every car accident is different, as are the specific damages that can result from these unfortunate events. An experienced car accident attorney knows that there is no magic formula and that the most appropriate legal strategy is constructed on a case-by-case basis in order to achieve the most favorable outcome possible for the victim.

Depending on the amount of recoverable evidence from the incident, car accident cases can be settled in as quickly as 90 days, while others that go to trial can take up to a full year or more to reach an agreement. However, it is not always that easy, and the insurance companies will not likely hand over compensation so readily. When an insurance company is unwilling to provide a fair settlement, the claim could be taken to court, resulting in a court process that can range from months to over a year.

Receiving the level of compensation that you are entitled to and reaching an agreement as soon as possible are likely your top priorities while you cope with your recovery. Consulting with an experienced car accident attorney can help you do just that. It is vital to connect with a trustworthy car accident attorney to steer you through the complex legal process following the accident and provide you with transparent information about the probable outcome of your case.

FAQs for Car Accident Attorneys

Q: How Does North Carolina’s Pure Contributory Negligence Doctrine Impact My Claim?

A: All personal injury claims in North Carolina, including car accidents, are subject to pure contributory negligence rules. What this means is that if the plaintiff is found to be at fault for the accident in even the most minor of ways, they will lose all rights to collect damages. This can be frustrating and a concern for many people.

However, it is worth recognizing that to prove this fault, the burden of proof switches to the defendant’s side, and they must prove the three components of fault. As a result, there is ample opportunity to defend against these accusations, and it’s not a reason to abandon hope. Even if you have concerns regarding your possible fault, it is still a good idea to let an experienced lawyer evaluate your case, as you may have a stronger defense against the allegations than you realize.

Q: When Do I Need to File a Car Accident Claim?

A: A car accident claim will need to be filed within the time limit set by the statute of limitations. Because a car accident is a form of personal injury, this means that the claim must be filed within three years. There are, though, a few variations that could come into play depending on when injuries were discovered, who the defendant is, and if the injured parties were minors.

However, it’s always better not to wait. A car accident lawyer can help determine that your claim is within the statute of limitations, and the sooner you get them involved, the more time they will have to be able to prepare your claim.

Q: Should I Settle or Take the Claim to Court?

A: Both settling a case and taking a case to court have their benefits and potential downsides. Generally, the risk and reward component of taking a case to court will be higher. It’s possible that you may win the case and get a little more than you could have settled for. However, it does open you up to the risk of losing the case, which is a greater concern in North Carolina because of the pure contributory negligence rules involved.

The benefit of a settlement is that while the payout might be slightly less than could have been achieved through a win in court, it’s not subject to the risk of what could cause a case to be lost in court. Additionally, avoiding a lengthy, expensive court case often means the money is in the hands of the victim of a personal injury much more quickly.

Q: What Does a Car Accident Lawyer Do?

A: A car accident lawyer’s job is to act as your representative and advocate through the negotiation of a settlement or through the civil claim process. The foundation, though, of their efforts will be rooted in a thorough investigation of your injury and the accident that caused it.

When you hire a personal injury lawyer, they can begin investigating the car accident that you were in. They will look for any video or photographic evidence, consider the damage to the vehicles, and possibly even work with collision professionals to put together a strong argument for what occurred and who was at fault. With that basis to argue from, they can negotiate firmly on your behalf or take the case to court if necessary.

We’re Ready to Help You Seek What You’re Owed After a Car Accident

The ripple effects of a car accident extend well beyond the initial collision. There are physical and emotional injuries, property damage, medical bills, and disruptions to a person’s normal life, sometimes permanently. These things can often be disheartening, particularly when you weren’t at fault for what you are now facing. Fortunately, though, there is a legal path to seeking damages to cover the overall costs of the accident.

Having the confidence to move forward with peace of mind throughout the lengthy legal process does not come easily. It comes from having the right legal guidance to walk you through every step of the way. Understanding the various legal costs associated with car accident cases is just one step, while reputable representation can make all the difference and increase your claim’s chances of success.

It can be challenging to push back against the big insurance companies and seek what you deserve. If, though, you have a knowledgeable and skilled attorney on your side, your case can stand firm against their team of lawyers. At the Law Office of Lyndon R. Helton, PLLC, we can be the help needed for your situation. If you’ve been in a car accident and need the right representative to help get the compensation you deserve, contact us today.